COVID-19 Illinois Q&A by Practice Area

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COVID-19 Illinois Questions & Answers
1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: If appealing a traffic fine has expired am I able to take to small claims to resolve to sue the city

Owe $100 for a red camera fine. I contested and lost. It is impossible to get general help to appeal online from the law library as to what forms to appeal etc

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

IMO- NO. What you are suggesting is a "collateral attack" on your traffic conviction. No state allows this. If you had a statutory time to appeal and missed it for a valid reason or the time to appeal was suspended due to COVID you should hire an attorney to represent you and make the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: my court date is over 100 days from the day i got 2 tickets? can i ask for dismissal, I'm 16, and its my first offense.

i got two tickets in carol stream IL on October 29th, 2020 my court date on the ticket said January 26th 2021. but then in the mail i got a new date saying September 29th 2021, this is very far away and over 60 days by a lot its over more than 200! so I'm wondering if I can ask for dismissal... Read more »

Juan Ooink
Juan Ooink answered on Jan 22, 2021

I have heard these types of arguments in the past and they have failed each and every time. Also, due to COVID, this type of argument will absolutely fail. Regardless, you will want to appear and see what happens in court. At the very least you will want to ask for Court Supervision.

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

I...
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1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Do I have to appear in IL estate court if I get a subpoena during covid while concerned for mine & spouse's health?

I received a supoena for IL estate court for my deceased father's estate & and I am concerned for my health (asthmatic) & my spouse at home with prexisting health issues. If I raise this concern, can I be relieved from attending?

Cheryl Powell
Cheryl Powell answered on Oct 4, 2020

Call the lawyer that subpoenaed you. Or the Circuit Clerk's office in the county where you are supposed to testify. Ask if you can appear by zoom instead. Although you are in Benton, I am not sure in what county you are supposed to testify. We have Zoom court for most civil things in... Read more »

2 Answers | Asked in Criminal Law for Illinois on
Q: 1st offense was Residential Burglary

My friend was arrested for the first time for residential burglary it’s obviously her fist offense she had bond court and was released with ibond she had another court could she be arrested to serve time? Or could she do community service hours?

William Wolf
William Wolf answered on Sep 6, 2020

Hi. I hope you're safe and well during this pandemic.

Residential burglary is a mandatory non-probationable offense in the State of Illinois.

She is looking at a mandatory prison sentence if she is found guilty. She is facing anywhere between 4 to 15 years in the Illinois...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... Read more »

David Nachman Byer
David Nachman Byer answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can your car be towed if you are behind in rent
Cheryl Powell
Cheryl Powell answered on Aug 30, 2020

If you are behind in rent you should have gotten a 5 day notice to quit from the landlord, which basically says move out or pay up. After that period is completed and you have not paid up, then you are sort of a squatter. I imagine this is your situation. then you have to be served with eviction... Read more »

1 Answer | Asked in Probate for Illinois on
Q: My family has been trying to settle an estate in probate (no will) for over 5 years. All debts have been satisfied.

The attorney (friend of one heir) keeps returning to court, has not expeditiously settled this and does not relate information to the heirs. He insists it’s due to IRS tax due but the payment was recently returned from the IRS to the estate administrator. Please advise how we can finish this.... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 17, 2020

It is difficult to answer your question. When the administrator was appointed, the court would have ordered the estate as supervised or independent. If supervised, then the administrator is responsible to file an inventory and regular accounts. It does not sound as if that has been done. Anytime... Read more »

1 Answer | Asked in Employment Law and Elder Law for Illinois on
Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.

I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may... Read more »

2 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: If I file Chapter 7 due to small business loss, could I lose my home?

I am a sole proprietary business owner and married. I started my home business in August of 2019 and I work another job. The business has taken a hit due to COVID because most of the income is generated in-person sales. I was thinking of filing a chapter 7 but I was unsure how that could impact... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 3, 2020

In Illinois a homeowner is entitled to an exemption for their home. The exemption amount is $15,000 per person - so $30,000 if a married couple (assuming both spouses file). Since you are married, if you have more than $30,000 in equity, then you may have issues. If you have less than $30,000 in... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: Does my husbands employer have to pay him to quarantine due to being exposed to COVID 19?
Kyle Anderson
Kyle Anderson answered on Jul 29, 2020

Hi, this depends on the size of your husband's employer. If they have less than 500 employees, he is eligible to receive up to two weeks (up to 80 hours) of paid sick leave at his regular rate of pay if he is unable to work due to being quarantined or experiencing COVID-19 symptoms and seeking... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I was furloughed because of COVID-19 for my wife’s medical condition when I asked to return when all other employees

Come back in August from my department of which I was a salary manager they said yes but are taking my salary and manager title from me. But I have never had any type of verbal warning, written warning there should not be one thing in my employment file that would warrant or constitute them from... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 23, 2020

I'm sorry for your situation. It's not clear what type of discrimination you are claiming here. You may be able to claim family responsibilities discrimination, otherwise known as caregiver discrimination. You would need to show that the employer reduced your pay and position, because of... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I get another job while on administrative paid leave?

I'm currently on administrative paid leave due to my pre-existing health condition that prevents me from wearing a mask

(mask wearing policy is new due to covid pandemic) and I can not work from home to do my job as a warehouse receiver. Can I get another job while on admin leave? Can... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 22, 2020

Hi, do you have any employment contract or agreement that you signed? Sometimes employers have non-compete provisions in those agreements that would subject you to litigation if you accepted another job and were in violation of it. Otherwise, generally speaking there is no law precluding you from... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... Read more »

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1 Answer | Asked in Elder Law for Illinois on
Q: My mom has undiagnosed dementia, refuses to see a doctor, needs a guardian. How can I start the process w/o medical?

She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time... Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Can a speeding ticket be dismissed if court date has been changed for a long period of time?

I received a speeding ticket back in April when this pandemic situation was going on, officer said he clocked me at 49 on a 25, I tried explaining the officer I was on an emergency reason to me speeding and I wasn’t unaware how fast I was going, also officer did not pull me over until I already... Read more »

David J. Winer
David J. Winer answered on Jun 28, 2020

If you cannot afford a lawyer then call the Clerk of the Court where the ticket is assigned and ask them how to set your case for a traal. With the COVID closures every courthouse has different rules. Once it is set for a trial you have to plead and explain your case to the judge.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I live in Illinois and I got a speeding ticket. Do I have to go to court in person to request court supervision?

I want to request court supervision, but going into court is a problem right now because of the Covid-19 pandemic. I live with several at-risk family members. Can I request court supervision by mail?

Brandon K. Davis
Brandon K. Davis answered on Jun 21, 2020

That depends on the type of speeding ticket and the courthouse where it is assigned. If your ticket is not marked as “must appear” or required court appearance, you should have been given instructions along with your ticket. The instructions may be an envelope or on the back of your ticket. If... Read more »

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